SIRADIN AND OTHERS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The prosecution on the basis of the evidence of the injured eye witnesses as well as recovery of the articles made on the basis of disclosure statements of all the three petitioners said to have been made by the petitioners was able to secure the conviction of all the three petitioners under section 458 and 394 IPC by the trial court as well as by the appellate court.

(2.) The learned Munsif and Judicial Magistrate Phalodi, vide its judgment dated 29.08.1983 held all the accused petitioners guilty for the offence under section 458 and 394 IPC and sentenced them for the offence under section 458 PC to undergo three years' rigorous imprisonment and a fine of Rs.1,000/- and in default of payment of fine, to further undergo three months' imprisonment and for offence under section 394 IPC, to three years' rigorous imprisonment and a fine of Rs.2,000/- , and in default of payment of fine, to further undergo six months, imprisonment.

(3.) The above conviction was upheld by the learned Addl. District and Sessions Judge, Phalodi, in criminal appeal No.01/1993, vide judgment dated 24.02.1994.